EXECUTORS OF JACOB SWINGLE TO JOHN
BATES- This indenture made the 11th day of
March in the year of our lord, one thousand eight
hundred and eighty-six between Harmon Swingle and Richard
Beers executors of
the last will and testament of
Jacob Swingle late of the township of
South Canaan in the County of Wayne and the Commonwealth
of Pennsylvania and John Bates of the Township of Dyberry
in the County of Wayne and Commonwealth of Pennsylvania
of the other part Whereas the said Jacob Swingle in his
lifetime and at the time of his death was seized in his
domain as offer of
and on a certain tract of land situate in the Township
of South Canaan aforesaid containing ninety four acres and
eighty two perches more or less. And whereas letters testamentary
were in due form of law granted unto the said Harmon Swingle
and Richard Beers. And whereas the said executors at an
Orphans Court held at Honesdale in and for the said County
of Wayne presented a petition setting forth inter alias
that the last will and testament of said decedent dated
the 10th day of February AD 1868 was duly proved
and admitted to probate on the 1st day of August
AD 1870. What the provisions of said last will and testament
the real estate therein before described was devised to
Rosanna Swingle widow of said decedent while she remained
a widow. That said Rosanna Swingle widow as aforesaid took
possession of
said real estate and retained the same until her
decease on or about the fifth day of January AD 1885. That
by said last will and testament the said decedent ordered
and directed that after the decease of his said widow the
said tract of land could be sold and the proceeds thereof
divided amongst the heirs as therein after provided but
gave no authority to any person to make such sale. That
the petitioners have filed their final account as such executors
showing a balance due from said estate from the petitioners
of four hundred and sixty one and 33/100 dollars and that
there are no personal assets to pay the same. They therefor
prayed the Court for an order to sell the real estate therein
described for the purpose aforesaid. And thereupon it was
considered and ordered by the said Court on the 18th
day of December AD 1885. That the lands herein after described
should be sold according to the prayers of the petitioners.
And whereas the pursuance of the said order and by force
and virtue of
the laws of this Commonwealth in such case made and
provided afterwards to wit on the twenty sixth day of February
AD 1886 the said Harmon Swingle and Richard Beers did expose
the said hereinafter designated real estate
with the appurtenances to sale at public venue or
outcry after giving notice thereof according to law and
sod the same unto the said John Bates for the sum of One
thousand and fifty dollars. He being the highest bidder
and that the highest and best price for the same which sale
on report thereof made to the Judges of said Court was on
the eight day of March AD 1886 confirmed and it was considered
and adjudged by the said Court that the same should be and
remain firm and stable forever. As by the records of the
said Court reference being had thereto will more fully and
at large appear. Now this indenture witnessth That the said
Harmon Swingle and Richard Beers executors as aforesaid
for in consideration of the sum of One thousand two hundred
and fifty dollars to them in hand paid by the said John
Bates at and before the ensealing and delivery hereof the
receipt whereof is hereby acknowledged. Hath granted, bargained
sold released and confirmed and by these presents do grant
bargain sell release and confirm unto the said John Bates
his heirs and assigns all that certain lot or parcel of
land situate in the Township of South Canaan County of Wayne
and Commonwealth of Pennsylvania bounded and described as
follows viz: Beginning at a corner in the public road in
the line of lands of J. Brock Thence along said public road
north eighty nine and one fourth degrees west sixty three
rods to a corner. Thence south
seven degrees east forty rods to a corner thence
south sixty nine and a half degrees west thirty two and
nine tenths rods to a corner thence north forty five degrees
west one hundred and twenty two rods to a corner thence
north thirty six degrees east one hundred and eleven degrees
and eight tenths rods to a post corner and thence south
forty two and one fourth degrees east one hundred and sixty
six rods to the place of beginning. Containing ninety four
acres and eighty two perches more or less. Together with
all and singular the rights liberties privileges hereditaments
and appurtenances whatsoever hereunto belonging or
in anywise appertaining and the reversions and remainders
of rents issues and profits thereof and also all the estate
interest and demand whatsoever of the said Jacob Swingle
in his lifetime at and immediately before the time of his
decease in law equity or otherwise however of in and to
or out of the same. To have and to hold the said tract or
piece of land hereditaments and premises hereby granted
or mentioned or intended so to be with the appurtenances
unto the said
his heirs and assigns forever. And the said Harmon
Swingle and Richard Beers executors as aforesaid doth covenant
promise and agree to and with the said John Bates his heirs
and assigns by these presents that they the said Harmon
Swingle and Richard Beers have not done or committed or
knowingly or willingly suffered to be done or committed
any act matter or thing whatsoever whereby the premises
hereby granted or any part thereof is or shall or may be
charged or encumbered with title charge or estate or otherwise
howsoever. In witness whereof the said Harmon Swingle and
Richard Beers executors as aforesaid have hereunto set their
hands and seals the day and year above written.

Signed sealed and delivered in presence
of
Harmon Swingle

Charles Fielding
Richard Beers

Paul Swingle
Executors of the last will and testament

State of Pennsylvania
Jacob Swingle deceased

County of Wayne

On this day of March A.D. 1886 before
me a Justice of the Peace in and for the County and State
aforesaid personally came before the above named Harmon
Swingle and Richard Beers executors of the last will and
testament of Jacob Swingle deceased who in due form of law
acknowledge the above Indenture to be their act and deed
as such executors to this end and that the same might be
recorded as such. Witness my hand and seal the day and year
aforesaid.